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Cyber Operations and the Use of Force in International Law$
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Marco Roscini

Print publication date: 2014

Print ISBN-13: 9780199655014

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199655014.001.0001

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Cyber Operations and the Law of Neutrality

Cyber Operations and the Law of Neutrality

(p.246) 5 Cyber Operations and the Law of Neutrality
Cyber Operations and the Use of Force in International Law

Marco Roscini

Oxford University Press

This Chapter explores how the law of neutrality affects the conduct of cyber operations by neutral and belligerent states. It first establishes in what situations the law of neutrality applies and subsequently explores what cyber activities carried out by the belligerent and neutral states may breach their obligations under the law of neutrality by distinguishing operations from, through, and with effects on neutral territory, as well as other cyber and cyber-related activities, including the use of cyber infrastructures on neutral territory for communication purposes. The impact of the entry into force of the UN Charter on the law of neutrality is then discussed, while the last section looks at the remedies against cyber activities that breach the law of neutrality, in particular the resort to forcible and non-forcible countermeasures against such violations.

Keywords:   neutrality, UN Charter, jus in bello, non-belligerency, international armed conflict, communications, countermeasure

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